STATE, use, &c., vs. BEASLEY

STATE, use, &c., vs. BEASLEY. [appeal from judgment of circuit court on petition for supersedeas, &C., OF JUDGMENT AGAINST DEFAULTING JUROR.] 1. Supersedeas, petition for; when demurrable. — A petition for a supersedeas is demurrable when the alleged grounds of relief go to matters behind the judgment. Appeal from the Criminal Court of Russell. Tried before Hon. Littleberry Strange. A judgment final having been rendered against the appellee as a defaulting juror, he applied to the court at the next term, by petition and motion, to supersede the execu" tion, on the ground that the judgment nisi had been set aside at the term at which it was rendered, and that he had not been served with notice of its rendition. The scire facias was returned by the sheriff executed, and the record does not show that the conditional judgment was set aside. The court overruled a demurrer to the petition, admitted parol proof of its allegations, and set aside the judgment final; and hence this appeal. U. S. Lewis, for appellant, G. W. Gunn, contra. [MAJORITY — B. F. SAFFOLD, J.] B. F. SAFFOLD, J. The demurrer ought to have been sustained, as the grounds set forth in the petition go to matters behind the judgment. — Marshall v. Candler, 21 Ala. 490. As a proceeding for the correction of errors, the time in which that could be done had elapsed. The judgment is reversed. As the motion can not be maintained, the cause is not remanded.